Decree 283/2026: Workers who illegally remain abroad face fines of 80–100 million VND from September 10, 2026
Decree 283/2026/NĐ-CP takes effect on September 10, 2026: workers who intentionally remain abroad illegally may be fined 80–100 million VND and required to return home; service companies may face fines of up to 200 million VND. This article compares the decree with claims circulating online and points out what has been misreported.
Aug 14, 2026·✍️ olablog·⏱ 6 min read
Decree 283/2026/NĐ-CP takes effect on September 10, 2026: workers who intentionally remain abroad illegally may be fined 80–100 million VND and required to return home; service companies may face fines of up to 200 million VND. This article compares the decree with claims circulating online and points out what has been misreported.
Over the past few days, a claim has been circulating on Facebook and Zalo about a “new law on overseas labor, with a 100-million-VND fine and criminal charges as well.” The claim is partly true, but it conflates two different legal documents and adds a detail that does not exist.
The actual document is Decree 283/2026/NĐ-CP, issued by the Government on July 15, 2026, regulating administrative penalties for violations in the fields of labor, social insurance, and Vietnamese workers going abroad to work under contracts. The decree consists of 6 chapters and 68 articles, and takes effect on September 10, 2026.
Below are the figures cross-checked against official sources, along with three points that the rumor gets wrong.
Three figures to remember
| Subject | Violation | Penalty |
|---|---|---|
| Worker | Intentionally remaining abroad illegally after the contract has ended | 80–100 million VND + required return to Vietnam |
| Service company | Violations in sending workers abroad | up to 200 million VND + possible suspension of operations |
| Employer | Failing to pay wages on time | up to 100 million VND |
In addition, illegally buying, selling, exchanging, or appropriating information in a worker database is punishable by a fine of up to 70 million VND—a new provision worth noting for anyone who has been asked by a broker to submit copies of personal documents.
Three points the rumor gets wrong
1. It is not a “law,” but a decree—and it has already been issued
The circulating claim calls this a “draft overseas labor law dated August 10.” In reality, two different documents have been merged into one:
- Decree 283/2026/NĐ-CP—a Government document, issued on July 15, 2026, taking effect on September 10, 2026. This is the document containing the penalties described above. It is no longer a draft.
- The draft Law Amending the Law on Vietnamese Workers Going Abroad to Work under Contracts—discussed by the National Assembly on the morning of August 10, 2026, including a proposal to ban people who have previously violated the law from leaving the country. This is only a proposal, not yet a law and not yet in force. We covered that discussion separately in National Assembly proposes tighter restrictions on workers who violate the law abroad.
Combining the two into a “new law dated August 10 that applies from September 10” is wrong both about the name of the document and about the legislative process.
2. “A 100-million-VND fine + criminal charges”—this decree does not create a criminal offense
Decree 283/2026 is a document on administrative penalties for violations. The only primary penalties are a warning or a fine. There are also additional penalties, such as confiscation of exhibits, temporary revocation of the right to use a professional certificate, and temporary suspension of operations. This decree does not impose prison sentences.
One important detail: the provision penalizing workers who remain abroad illegally expressly states that it applies only when the conduct does not rise to the level warranting criminal prosecution—meaning the two types of sanctions are mutually exclusive, rather than cumulative as the rumor claims.
Criminal liability does exist, but it is found in a different legal document and targets different people: Article 349 of the Criminal Code provides for the offense of organizing or brokering another person’s illegal departure for or illegal stay in a foreign country, with a basic sentence of 1–5 years in prison, and aggravated sentencing ranges of 5–10 years and 7–15 years.
The key point is “organizing or brokering”—in other words, people who arrange the scheme, lead others, or take money from them. A worker who simply overstays does not automatically commit this offense. But anyone who recruits, connects people, or takes money to send others abroad to work illegally is indeed approaching that legal line.
3. “The broker company gets a 200-million-VND fine”—the figure is correct, but that is not the whole story
200 million VND is the highest fine applicable to an organization. But for a service company, more serious than the fine are temporary suspension of operations and license revocation. In practice, some overseas labor companies have previously been fined 400 million VND and suspended for 18 months under earlier regulations—losing a license means losing the ability to do business altogether; it is not simply a matter of paying the fine and carrying on.
A less-noticed change: the penalty limitation period increases from 1 to 2 years
This is a rarely mentioned change with real consequences. In the field of sending Vietnamese workers abroad, the limitation period for administrative penalties has been extended from 1 year to 2 years.
Put simply: previously, once 1 year had passed from the date of the violation, the penalty limitation period expired. From September 10, 2026, that period will be twice as long. For people who have committed a violation and then returned to Vietnam, the window during which they may be penalized could be wider than before.
What Vietnamese people currently in Japan need to understand
This decree is Vietnamese law, and its penalties are imposed under Vietnamese law. It does not replace or affect Japan’s rules concerning residence status.
If you are in Japan with valid immigration status and are complying with the conditions of your visa, this decree does not affect you.
If you are considering abandoning your contract to work elsewhere, understand that from September 10, 2026, you may face two systems at the same time:
- On the Japanese side: loss of residence status, being considered an illegal overstayer (不法残留), possible deportation, and a re-entry ban lasting several years.
- On the Vietnamese side: a fine of 80–100 million VND, a requirement to return to Vietnam, a penalty limitation period extended to 2 years, and, if the draft law currently under discussion is passed, the possibility of being subject to future restrictions on leaving the country.
If you are genuinely having problems with your accepting company—unpaid wages, being forced to work excessive hours, or mistreatment—then running away is the worst option from a legal standpoint. Japan has official support channels for technical interns and specified skilled workers, and you can also contact the Embassy of Vietnam in Japan. Changing jobs through the proper procedures allows you to retain your residence status; running away can mean losing everything.
Sources and notes
This article summarizes the main points and does not replace the original legal text. Before making any decision that could affect your residence status or legal obligations, read the full decree and consult the relevant authorities or a lawyer.
The full text of Decree 283/2026/NĐ-CP is available in the Government Gazette (congbao.chinhphu.vn) and the Government Legal Documents Portal (vanban.chinhphu.vn). The information in this article was cross-checked against the Government News website (baochinhphu.vn) and the Government’s policy-making portal.
Updated August 14, 2026. If new implementing documents or amendments are issued, we will update this article.
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